Section 19-16-32 - (Rule 804(b)(3)) Admission against interest admissible if declarant unavailable--Corroboration required in criminal cases. - South-dakota Statutes

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19-16-32. (Rule 804(b)(3)) Admission against interest admissible if declarant unavailable--Corroboration required in criminal cases. A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject him to civil or criminal liability, or to render invalid a claim by him against another, that a reasonable man in his position would not have made the statement unless he believed it to be true, is not excluded by § 19-16-4 if the declarant is unavailable as a witness. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.

Source: Supreme Court Rule 78-2, Rule 804 (b) (3).

State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-16 > Statute-19-16-32

19-16-32. (Rule 804(b)(3)) Admission against interest admissible if declarant unavailable--Corroboration required in criminal cases. A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject him to civil or criminal liability, or to render invalid a claim by him against another, that a reasonable man in his position would not have made the statement unless he believed it to be true, is not excluded by § 19-16-4 if the declarant is unavailable as a witness. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.

Source: Supreme Court Rule 78-2, Rule 804 (b) (3).

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State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-16 > Statute-19-16-32

19-16-32. (Rule 804(b)(3)) Admission against interest admissible if declarant unavailable--Corroboration required in criminal cases. A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject him to civil or criminal liability, or to render invalid a claim by him against another, that a reasonable man in his position would not have made the statement unless he believed it to be true, is not excluded by § 19-16-4 if the declarant is unavailable as a witness. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.

Source: Supreme Court Rule 78-2, Rule 804 (b) (3).